' Aflatoon respondent, a domestic consumer of ,SNGPL (the appellant), being aggrieved by the sticky meter and excess billing, lodged claim with the learned District Consumer Court, Dera Ghazi Khan for redressal of his grievance and refund of excess amount of Rs. 920+1190, charged by the appellant. The claim was contested by the appellant. However, the learned District Consumer Court vide order dated 30.08.2012, partly accepted the claim by cancelling half of the amount of the sticky charges and directed the appellant to reduce the disputed charges upto 50% by issuing modified bill and also to replace the sticky meter with a new meter functioning properly. It also restrained the appellant from disconnecting the connection on account of sticky charges. Hence, this appeal.
2. Learned counsel. For the appellant has argued that the learned District Consumer Court had no jurisdiction in the matter in view of the fact that for the redressal of the grievances of the consumers of natural gas, a separate mechanism is available in the shape of Complaint Resolution Procedure [For Natural Gas, Liquefied Petroleum Gas (LPG) and Compressed Natural Gas (CNG)] Regulations, 2003.
3. Respondent No. 1 has not turned up despite issuance of notice, therefore, he is proceeded against ex-parte.
4. Heard. Record perused.
5. The subject of natural gas is listed in the 4th Schedule to the Constitution of the Islamic Republic of Pakistan, Item No. 2 in Para (ii) of the Federal Legislative List and Oil and Gas Regulating Authority
(OGRA) Ordinance, 2002 (the Ordinance), has been promulgated in exercise of the authority conferred by the said Item No. 2 in Para (ii) of the Federal Legislative List. Section 43 of the said Ordinance gives overriding effect to OGRA Ordinance over any other law, rule or regulation, which provides as under:-- "43. Ordinance to override other laws.--(1) The provisions of this Ordinance, the rules and the regulations, and any licences issued hereunder shall have effect notwithstanding anything to the contrary contained in any other law, rule or regulation, for the time being in force, and any such, law, rule or regulation shall, to the extent of any inconsistency, cease to have any effect on the commencement of this Ordinance and the Authority shall, subject to the provisions of this Ordinance, be exclusively empowered to determine the matters in its jurisdiction as set out in this Ordinance.
(2) Nothing in this ordinance, or any repeal effected thereby, shall affect or be deemed to affect anything done, action taken, proceedings commenced, directions given, instruments executed or orders, rules or regulations issued under or in pursuance of any law repealed are amended by this Ordinance and any such things, actions, proceedings, directions, instruments or orders shall if in force on the commencement of this Ordinance, continue to be in force and have effect, as if the same were respectively done, taken, commenced, given executed or issued under this Ordinance."
' Similarly, the powers and functions of the Oil and Gas Regulatory Authority (the Authority) as given in Section 6 of the Ordinance include:-- "(a) .........
(b) ........
(c) ..........
(i) resolve complaints and other claims against licencee for contravention of the provisions of this Ordinance, rules or regulations; a) (k)
(q) protect the interests of all stakeholders including consumers and the licencees in accordance with the provisions of this Ordinance and the rules;"
' Section 42 of the Ordinance empowers the Authority to make regulations etc. In the following words:--
42. Power to make regulations,--(1) The Authority may, by notification in the official Gazette, make regulations, not inconsistent with the provisions of this Ordinance or the rules, for the carrying out of its functions under this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:-- (a)
(b)
(c)
(d)
(e) procedure for resolving disputes amongst the licensees, consumers and licensees, and users of open access facilities;"
' Pursuant to the powers conferred upon the Authority, the Complaint Resolution Procedure [For Natural Gas, Liquefied Petroleum Gas (LPG) and Compressed Natural Gas (CNG)] Regulations, 2003 (the Regulations), have been made. Section 3 of the Regulations provides as under:-- "3. Nature of Complaints.--Any person may submit an application with the Registrar for --
(a) any act or thing done or omitted to be done by a licensee or dealer in violation or alleged violation of the ordinance, rules, regulations, order of the Authority or terms and condition of the license;
(b) non-compliance by the licensee or dealer with the service standards in the areas including but not limited to;
(i) billing;
(ii) connection and disconnection of service;
(iii) metering;
(iv) undue delay in providing service;
(v) safety practices; or
(vi) quantity and quality of natural gas, LPG or CNG being supplied; or
(c) discriminatory practices of the licensee or dealer."
' Thus, a mechanism has been provided to the consumers of natural gas for the redressal of their grievances. The OGRA Ordinance is a federal law, whereas Punjab Consumer Protection Act, 2005, is a provincial legislation. In case where there are two enactments; one federal and other provincial, the federal enactment shall prevail. Similarly, Punjab Consumer Protection Act, 2005, is a general law catering for redressal of the grievances of consumers in general, whereas the OGRA Ordinance and Regulations framed thereunder are special law, which cater for the grievances of the consumers of natural gas etc. It is well settled principle of interpretation that special law will prevail over the general law where both are applicable. So has been held in the case titled "LG. Of Police, Punjab, Lahore and others vs. Mushtaq Ahmad Warraich and others" (PLD 1985 SC 159). This Court has also held so in the case titled "Regional Manager, Adamjee Insurance Company Ltd. Vs. Presiding Officer, District Consumer Court, Lahore and 3 others" (2012 CLD 846) in the following words:- "6 Even otherwise under the settled principles of interpretation of statutes, the provisions of a special law on a subject excludes the application of general law to such subject as laid down in Inspector-General of Police, Punjab v. Mushtaq Ahmad Warraich (PLD 1985 SC 159). Applying the said principle and on the assumption that the remedy of the respondent policy holder is competent before the learned Consumer Court, yet such remedy is general in character in comparison to his remedy before the learned Insurance Tribunal."
6. In the light of the above discussion, in the instant case, the provisions of OGRA Ordinance and Regulations framed there-under were to apply and not the provisions of Punjab Consumer Protection Act, 2005. Thus, the jurisdiction assumed by the learned District Consumer Court, Dera Ghazi Khan in the instant matter, is without any lawful authority and the impugned order, passed by it is a nullity in the eye of law, which is hereby set aside by accepting this appeal.